Variation of Your Tenancy Conditions. Important information about your tenancy conditions

Transcription

1 Variation of Your Tenancy Conditions Important information about your tenancy conditions

2 Variation of Tenancy Conditions Current tenancy condition New tenancy condition Nature and effect of the variation Introductory paragraph setting out the importance of the tenancy agreement and defining the term tenant, joint tenant, dwelling and common parts. A1 - To pay the rent and all other charges due in advance on Monday of each week. Payment to be made by any of the methods arranged by the Council. A2 - The Council will give 28 days notice in writing to take effect on a particular Monday where the rent and any other charges need to be varied. A3 - On the Tenant taking possession of the dwelling having received a copy of this Agreement the Council and the Tenant will be bound by its terms, whether it has been signed or not. A4 - The Tenant may terminate the Tenancy by giving written notice to the Council 28 days in advance to expire on a Monday. The Council cannot terminate the Tenancy unless the Tenant abandons the dwelling or no longer uses it as his/her only or principal home. If, however, the Council has good reasons for doing so, it can apply to the County Court for the Court to terminate the Tenancy. Twenty-eight days notice in writing will be given to the Tenant of the Council s intention to ask the Court to terminate the Tenancy. A5 - The Landlord s address in England and Wales at which Notices (including Notices in proceedings) may be served on the Landlord by the Tenant is: Dover District Council White Cliffs Business Park Dover, Kent, CT16 3PJ A6 - Any Notice or other document which the Council wishes to give to the Tenant in connection with the Tenancy may be given to the Tenant by either posting it to him/her or by leaving it for him/her, in either case, either at the Dwelling or his/her last known address. Any Notice given to the Tenant in either of these ways is effective even if, for any reason, the Tenant does not actually receive it. This information is contained in sections 1 (About this tenancy agreement) and 6 (Definitions) of the tenancy conditions. Your responsibility to pay rent and our responsibility to give you notice of any rent increase are now set out in section 3.1(Paying your rent and money owed to the Council) and in Condition This condition is not in your new agreement. This condition is now contained in Condition The arrangements that we will make if the Council wishes to end your tenancy are contained in Conditions and This information is now contained at Conditions and Your responsibilities remain the same but the new agreement sets out more clearly and in more detail what these responsibilities are and the circumstances in which the Council may consider taking action to recover possession of your home. The definitions in section 6 do not change your existing agreement but they provide clearer information about what words mean. The new agreement allows officers managing your home to check the status of any housing benefit claim you have made Your responsibility to pay your rent remains the same. We have explained clearly that you must also pay service charges where these are due and what could happen if you do not pay your rent. We have made it clear that if you are joint tenants and one of you leaves the property the tenant who remains in the property must pay the full rent. This condition does not appear in your new agreement. 28 days from the date of this notice the new conditions of tenancy will take effect and you will NOT need to sign a new agreement Your responsibility to give notice when you wish to end your tenancy remains the same. Our responsibility to serve you with notice and take legal action to recover possession remains the same. There is a new clause in the agreement that reflects the right of joint secure tenants to terminate the tenancy on behalf of both joint tenants. The new agreement gives a more detailed account of how tenants with different types of tenancy can end their agreement This clarifies that notices intended for Dover District Council should be served upon East Kent Housing (for and on behalf of the Council). The address for service remains the same. The arrangements we will make to serve notice on you remain the same w

3 B1 - The Council will not interfere with the Tenant s right to occupy the dwelling except in circumstances permitted by law. B2 - Repairs and maintenance will be carried out by the Council. These repairs apply to gas, water and electricity supply equipment, drains, basins, sinks, baths, WCs and any appliances for heating or hot water, gutters and pipes, the structure and gates, fences, walls and footpaths, except: a. those repairs which are the responsibility of the Tenant, and b. the Tenant s own property Where the Council provides lifts, entry phones, laundry facilities, refuse collection, equipment and emergency alarm appliances, the Council will take reasonable care to keep these services in working order. This information is now included in section 1 (About this tenancy agreement) Condition is now covered in section 5.1 (Repairs and Maintenance Responsibilities) A more detailed explanation of the circumstances in which the Council might interfere with your right to live in your home are given in section 1. In addition to this the new conditions clarify under each section the type of action that the Council might consider taking for breach of that tenancy condition. Our responsibilities have not changed but we have used plain English to explain them. B3 - The Council will take reasonable steps in normal circumstances to carry out its repairing responsibilities within a reasonable time of a defect being reported. Information about the Council s current arrangements for repairs is provided in a booklet handed to the Tenant on the signing of this agreement. This booklet will also be available to the Tenant during office hours at any of the Area Offices or at the Council Offices, Whitfield. B4 - The Council will plan to decorate the exterior of the Dwelling every five years. Any common areas will be decorated when the Council considers it is necessary. B5 - The Council will take reasonable steps to investigate complaints about alleged breaches of Tenancy Conditions and will take any action which the Council considers appropriate. B6 - Where the Council feels it is necessary to change the Conditions of Tenancy, the Tenant will be invited to make comments on the proposed changes before they come into force. This does not apply to changes in rent or other charges. Condition is now covered in section 5.1 (Repairs and Maintenance responsibilities) in Condition of the new conditions. This Condition does not appear in the same format in the new agreement This Condition does not appear in the new agreement in the same format. Our responsibility to carry out repairs within a reasonable time remain the same. The repairs handbook is no longer used or supplied and reference to this has been removed The new agreement makes it clear that the Council has a continuing obligation to keep the outside of all properties and the internal areas of flats and maisonettes in reasonable decorative condition. Reference to the number of years between each cycle of work has been removed. Clear guidance is given under each heading of the new agreement of the action that may be taken if there is a breach of tenancy condition or complaint about a breach of tenancy condition. We have introduced more robust conditions to deal with antisocial and criminal behaviour committed by tenants, household members and also their visitors. Conditions and set out your right to be consulted about any significant change to the way in which we plan to manage, maintain or improve your home. Changing your tenancy agreement would be considered a significant change to the way in which we manage your home k 2.

4 C1 - To live in the Dwelling as his/her only or principal home. To use the Dwelling as a private dwelling only and not for any trade, profession, business or other purpose which has not been agreed by the Council in writing. C2 - To report to the Council any defects and necessary repairs which are not the Tenant s responsibility, immediately the Tenant becomes aware of them. C3 - To take good care of the Dwelling, the common areas and the Council s fixtures and fittings C4(a)The Tenant will bear the cost of repairing or replacing items damaged or destroyed deliberately or through neglect or carelessness, including items for which the Council is otherwise responsible. The Tenant will also keep the interior of the Dwelling in a good state of decoration, clear blocked waste traps to basins, sinks and baths, regularly sweep chimneys and attend to other items of Tenant s responsibility specified by the Council. The Council may offer to carry out this type of work if the Tenant and his/ her household are incapable of doing it or arranging for the work to be done because of age, disability or some other special reason and there is financial hardship. (b)the Tenant will service, test and keep in proper repair his/her gas and electrical appliances and fittings and maintain in good condition other items which are his/her responsibility. Condition is covered in section 3.2 (Living in your home) and Section 3.5 (Tenancy Fraud) Condition is covered in Condition of the new agreement Condition and in Conditions 3.6.5, 3.6.6, and of the new conditions The new conditions require you to use the property as a private family home and your only or main home. There is a new requirement that you advise us if you plan to be away from the property for more than 4 weeks. If you wish to run a business from your home you will continue to need our permission for this. There are new conditions introduced to address tenancy fraud and attempts at tenancy fraud, including illegal subletting of council homes. This is not a change to your existing agreement but we propose the removal of your responsibility to immediately report a repair and replace this with within a reasonable time of you becoming aware of a repair. This is not a change to your existing agreement. The new conditions explain fully your responsibility to take care of your home and surrounding shared areas. Your responsibility to carry out some internal repairs to your home at your own expense remain the same. A comprehensive list of the types of work that you might be responsible for is now provided separately. The Council can continue to charge you for carrying out repairs to the property and or communal areas that you were responsible for or for damage that has been caused by your wilful or negligent action. C5 - To pay the Council the cost of carrying out any repairs or other work which is necessary and the Tenant s responsibility which either arise from a breach of the Conditions of Tenancy or at the end of the Tenancy. C6 - To obtain the written consent of the Council before making any alterations, improvements or additions to the dwelling, fixtures or fittings. Consent will not be unreasonably withheld, but may be subject to conditions. Any alterations, improvements or additions to the Dwelling, fixtures or fittings must be maintained by the Tenant, who must also reinstate the Dwelling if required to do so by the Council during or at the end of the Tenancy. in Conditions in section 3.6 (Repairs, improvements and making alterations to your home) and Conditions , to in section 3.6. (Repairs, improvements and making alterations to your home) Your responsibilities for some repairs and your responsibility to leave your property in good condition remain the same. The Council can continue to charge you if it is necessary to carry out work as a result of your willful or negligent action both during the course of your tenancy or at the end. Your responsibility to have our written permission before you make improvements or alterations to your home remains the same. In some circumstances we may need to give reasonable conditions for the granting of permission and the new Conditions allow for this. We will not unreasonably withhold our permission. The new conditions require you to have our written permission before you install or fit laminate flooring. If you carry out work without our permission we may ask you to change it back. If you do not we may charge you if we have to do the work ourselves w

5 C7 - Not to store on the premises quantities of inflammable materials, liquids, gases or other harmful substances, other than may be reasonably needed for domestic use. Not to do or permit anything to be done which increases the risk of fire, flood or damage to the premises C8 - To allow the Council s authorised Officers, Agents, Workmen and Contractors access to the Dwelling in order to inspect or carry out repairs or other works and to cooperate with such people. Reasonable notice will be given by the Council except in the case of an emergency when access must be given without notice. C9 - The Council may forcibly enter the Dwelling for the purposes mentioned in C8 in the following circumstances: (a) in emergency; (b) where the Tenant has failed to make proper arrangements for access after reasonable notice has been given by the Council. C10 - To keep all garden areas, balconies and yards of the dwelling tidy and free from weeds and rubbish. C11 - Not to obstruct internal and external common areas and, where no cleaning service is provided for internal common areas, to keep them in clean condition. C12 - Not to use any internal or external common areas for purposes other than those for which they are intended and not to use them in a manner likely to cause a nuisance or annoyance to neighbours, or other residents in the locality, and, in particular, not to: (a) dump rubbish on them, unless the area is specifically designated by the Council for that purpose; (b) repair cars, trailers or vehicles on them; (c) light bonfires on them; (d)undertake any commercial activity on them; (e)store anything on them. This is now covered in section 3.11(Health and Safety and Hygiene section 3.7 (Access to your Home) This condition is covered in Conditions 3.7.3, and of the new agreement section 3.8 (Gardens) Condition is covered in Conditions 3.8.2, 3.8.3, 3.8.4, and Condition is covered in clauses 3.8.2, 3.8.3, 3.8.4, and and also condition This is a revised and more comprehensive section covering your general responsibilities on health and safety issues. Your current responsibilities not to store flammable materials other than for personal use remain the same. Your responsibility to grant access to your home on reasonable notice remain the same. This section sets out the reasons why we may need to access your home. We will give you at least 24 hours notice unless we need access to your home in an emergency. In this section we explain in plain English what might happen if we need to have access to your home in an emergency. In Condition we explain that we must carry out a gas safety check once a year. In this section we have set out more clearly your responsibilities to keep your garden and any shared areas at your home in a clean and tidy condition. The new conditions require you to have our permission before you build structures or features in your garden and not to use your garden for the storage of rubbish or materials. You will require our permission before you remove fences or hedges and there are certain types of trees that you should not plant. The new agreement explains that if you continually fail to maintain your garden and it becomes an eyesore we can ask you to move to something more suitable without a garden. The new agreement Conditions introduce clearer conditions about the proper disposal of household rubbish and require you not to block communal entrances through your storage of motorized scooters, mopeds or motorbikes. You must also leave communal internal and external areas free from rubbish, furniture or any other of your belongings. Your responsibilities under the existing agreement remain the same and are contained in the new agreement. Some are in different sections of the document. For example your responsibility to dispose of rubbish properly is covered under section 3.8 Gardens and your responsibility not to repair cars or trailers are covered in Conditions not to cause a nuisance annoyance or disturbance to your neighbours. k 4.

6 C13 - To act in a reasonable and considerate manner and avoid conduct causing or likely to cause a nuisance or annoyance to persons residing, visiting or otherwise engaging in a lawful activity in the locality. For example, the Tenant must not: (a) use the dwelling for any illegal or immoral purposes, or commit any arrestable offence in the locality. Arrestable offence includes burglary, theft, robbery, criminal damage, assaults occasioning bodily harm and drug trafficking; (b) play a radio, television, stereo (or similar), or musical instrument so loudly that it can easily be heard in a neighbouring dwelling; (c) drill, hammer, saw or carry on any other similar noisy activity so as to cause disturbance to occupiers of any nearby dwelling. In particular, The Tenant must not carry on such activities between 9pm and 8am; (d) frequently shout or use bad language; (e) dump rubbish anywhere within the locality, except in any area designated by the Council and, even then, only to place rubbish there within any receptacle provided. (f) allow any member of his/her household or any visitors to damage property belonging to the Council or other residents in the locality; (g) have bonfires that cause a nuisance to other people in the locality. C14 - The Tenant will be responsible for the actions of all persons living at the Dwelling or visiting the Dwelling. The Tenant will ensure any such persons comply with these Tenancy Conditions and must compensate the Council against any claims arising from damage or nuisance caused by others. The cost of making good any damage caused by such persons will be met by the Tenant. C15 - The Tenant, members of his/her household and visitors must not use violent or threatening behaviour towards other residents of the locality, their visitors, nor any Councillors, staff, agents or contractors of the Council or commit any acts of intimidation or harassment on the grounds of their race, religious belief, sex, sexuality, age or disability, or any other grounds that cause a nuisance or offence. C16- The Tenant must not use or threaten violence against any other person lawfully entitled to reside in the Dwelling, so that they are forced to leave by reason of such violence or fear of violence. C17 Not to park any vehicle, caravan or trailer on grass areas, on any areas where the Council restricts or prohibits parking, or in such a way as to cause obstruction, nuisance, annoyance or danger to other residents and visitors to the locality. in section 3.3 (Anti-social behavior, nuisance and domestic violence) clause is dealt with under section 3.3 (anti-social behavior, nuisance and domestic violence) of the new agreement and in Condition clause is now covered in section 3.3 (anti-social behavior, nuisance and domestic violence) and specifically Condition Now covered in section 3.4 (Domestice Abuse) condition is covered in Condition and Section 3.9 (Parking) The new tenancy conditions restate the obligations that tenants, members of their family and visitors have to refrain from causing a nuisance, commit anti social behaviour or harass neighbours and others living in the local area. There are additional examples of harassment such as persistent or offensive phone calls etc and stalking. Your responsibility to ensure that you, anyone living with you or visiting you behave responsibly and do not cause any nuisance or annoyance to other residents remains the same. The Council can continue to charge you to put right any damage that you, any of the people living with you or your visitors cause to the property or the shared communal internal and external areas Your responsibilities remain the same This section explains clearly that you (the tenant), or anyone who lives or visits your home must not use or threaten to use violence or abuse to intimidate any person living with you. The new tenancy conditions explain clearly that if you do behave in this way we make take action to end your tenancy. Your responsibility and that of your visitors and people living with you, not to park in such a way as to cause annoyance or nuisance remain the same w

7 C18 - To make proper arrangements for the storage of any vehicle, caravan or trailer whilst it is either not in use or untaxed, or in a state of disrepair. Any such vehicles, caravans or trailers must not be left on any car park, common area or road within the locality. C19 - Not to park any vehicle, caravan or trailer in any garden or yard of the dwelling without written consent from the Council. The Council s consent is not required for the parking of a private motor car, motor cycle or similar-sized private motor vehicle on a properly constructed drive or hardstanding provided by the Council or by the Tenant with the Council s agreement. condition is covered in section 3.9 parking condition is covered in section 3.9 (Parking) The section on parking explains that you will require our permission before you, your visitors or anyone living with you can park certain categories of vehicle at your property or in communal parking areas. You are also required to have a valid tax disc or SORN statement registered with the DVLA for your vehicle if it is parked at your address Your responsibility to have our written permission to keep certain categories of vehicle at your address remain the same. The new agreement reiterates and reinforces the need for you to have a properly constructed dropped kerb in accordance with the regulations of the Highway Authority before you drive across a kerb to access your property. C20 - Not to keep any animal at the Dwelling in such a way as to be a danger, nuisance or annoyance to neighbours, or in circumstances where having regard to the size, nature and location of the Dwelling it is otherwise unreasonable. Not to keep any dog or cat in any flat or maisonette without permission from the Council. To obtain public liability insurance regarding any animal kept at the Dwelling, where there is an identifiable risk of injury to the public. C21 - Not to pass the dwelling on to anyone else or sub-let the whole of the dwelling. C22 - Not to sub-let or part with possession of part of the dwelling without the written consent of the Council, which will not be unreasonably withheld. C23 - Not to allow the dwelling to become overcrowded as defined by the Housing Acts. C24 - At the end of the Tenancy to leave the dwelling vacant, clean and in a good state of repair and decoration except for any repairs which are the Council s responsibility. Any items left on the premises after the Tenant has left will be cleared and disposed of by the Council at its discretion and the cost of doing so charged to the outgoing Tenant. Any outstanding rent must be paid when handing in the keys. Condition is contained in section 3.10 (Keeping pets and animals) Condition the new Condition This Condition is now covered in Condition of the new conditions of tenancy This condition is covered in section 3.12 of the new conditions of tenancy. (If you want to end your tenancy) The new conditions explain clearly when you will require our permission to keep a pet. You must not keep a dangerous dog or any other animal classified as dangerous at the property and you must clear up daily, any mess or fouling that your pet causes. The new agreement introduces requirements that you ensure you have someone to take care of your pet if you are unable to do this yourself and that you be responsible for providing and maintaining any fencing required to contain your pet. You will also be responsible for exercising your pet away from the property if there are shared areas such as gardens where you live. You must not keep livestock or farm animals at your property and you will need our permission if you want to keep chickens. We may ask you to have your pet re homed if it causes a nuisance to other neighbours, visitors or persons engaging in lawful activity in the local area. The new conditions explain what might happen if you sub let the whole of your home and your responsibility not to do this remains unchanged You continue to require our permission before you can sub let or part with possession of part of your home. Your responsibility not to allow your home to become overcrowded remain the same The changes set out clearly what you must do to end your tenancy including your responsibilities to remove all personal effects from the property and provide vacant possession. The new agreement provides that if you do leave belongings behind you can be recharged the cost of disposing of these and if you have carried out alterations without permission you can be recharged the cost of putting these right along with any other repairs that were your responsibility. k 6.

8 C25 - To return all the keys to the Council Offices, White Cliffs Business Park, Dover, or the nearest Area Office by 12 noon on the day the tenancy ends. If all the keys are not returned on time the locks may be changed at the Tenant s expense. This condition is now included in Condition You remain responsible for the safe return of keys to your property by 12 noon on the Monday after your tenancy ends. If you do not return the keys by this time a continuing weekly charge for your use and occupation may be made until you do. (b) Additional Sections to the Tenancy Agreement Listed below are some new sections to the tenancy conditions. These have not previously formed part of your tenancy agreement and have regard to existing legislation and changes that have been made to this. Section 2: Types of Tenancy Dover District Council wish to use introductory and flexible secure tenancies in addition to the secure tenancies that they have traditionally used. This section explains the differences between the three types of tenancy. If you are a secure tenant nothing changes regarding your security of your tenure and you do not need to worry about the sections of the agreement that are specifically for introductory or flexible tenants. Section 4: Your Rights Your existing tenancy agreement makes no reference to your rights as a tenant. In the new tenancy conditions section 4 sets out your rights in relation to taking in lodgers, assignment, sub letting part of your home, succession and the right to repair, to make alterations and if appropriate be reimbursed for these. This section also explains your rights to be consulted about the way in which your housing service is delivered and to have information about our polices and procedures. Section 5.3: Information Sharing Dover District Council have a duty to prevent and detect fraud and will share information with other organisations and internal departments to do this. This section sets out for you the arrangements made for the storage of your personal information and when and how we will share this. Section 5.7: Complaints This section gives you information about how you can complain if you feel that the Council has broken any of the terms of your tenancy agreement. More details about your Tenancy can be found online - or you can call your local office to speak to a member of the team. Office use: Printed June 2014